by the Government of Thailand

“ For the sake of the expeditiousness of the University’s administration of business and exploitation of immovable property owned, administered, taken care of or utilised by the University, it is expedient to allow the University to spend its revenues for its activities without having to forward them to the Public Treasury, and to permit the University to exercise ownership over immovable property it obtains through dedication or through purchase or exchanged made out of its revenues without having to take the said property as state immovable property. ”

“ Whereas His Majesty entertains an opinion that pursuant to the Constitution of the Kingdom of Thailand, section 12, a title creates no privilege to its holder and every person is equal before the law; that in former times, the titles have been divided into official ranks, ranks of notability and official positions; that the official ranks and that official positions have now been modified to befit the form of government under the Constitution, but only the ranks of notability are left unimproved; that no person shall incur any discrimination, for he holds no any rank of notability ”

“ The domestic violence problems are of delicate and complicated nature, involve many intimate persons, and have special characteristics which distinguish them from the cases of causing bodily harm in general. These problems cannot be dealt with perfectly by the criminal measures under the Criminal Code which are intended to penalise the offenders, rather than to reform them or protect the domestic violence victims. For these reasons, the establishment of a law on protection of domestic violence victims would be more appropriate than the enforcement of the criminal measures. ”

“ The World Anti-Doping Agency, a nongovernmental organisation whose standards on control of doping in sport are recognised by many international sports organs, has declared the campaigns against doping in sport, with a view to enhancing physical skill together with moral and ethical conscience, to promoting the fair, equal and just sports competitions without using prohibited substances, and to protecting the health and safety of athletes. ”

“ Any person who uses a positional gown, academic gown, academic brooch of the University or a uniform, symbol or dress of its students without being entitled to do so or by whatever means pretends to another that he possesses a position, degree, graduate diploma, diploma or certificate of the University without so possessing in reality, for the purpose of deceiving another into believing that he is entitled to use or possesses the said position or academic standing, shall be liable to imprisonment for not more than six month, or a fine of not exceeding ten thousand baht or both. ”

“ A person who, by profession or elsewise, has the relevant knowledge and experience in any field such as science, the arts, artisan, commerce, medicine or foreign law, and whose opinion may be of value for the adjudication of a case, may, in the course of the enquiry, preliminary hearing or trial, become a witness in any matter, for example, the analysis of the person or mind of the victim, accused or defendant or of handwriting, or any other experiments or activities. ”

“ Where a law appoints the holder of any office to any committee or furnishes him with any authority, the officer replacing him or authorised to act on his behalf shall enjoy the same authority as him during the period of replacement or authorisation, as the case may be. ”

“ The alcoholic beverages result in several problems concerning health, families, accidents and crimes, affecting the whole society and economy of the Nation in consequence. It is expedient to determine the measures for their control and for treatment and rehabilitation of the alcoholics, so that the social and economic problems and impacts would be reduced, the public health would be enhanced, the people would be aware of harms and dangers of the alcoholic beverages, and the children and juveniles would be prevented from easy access to them. It is therefore necessary to enact this Act. ”

“ As for a case in which the value or amount in dispute does not exceed fifty thousand baht, no party may file an appeal on a basis of a question of facts, unless a tax judge participating in the trial of his case has expressed a dissenting opinion or has confirmed the reasonability of his appeal, or, failing which, the President of the Central Tax Court has permitted his appeal in writing. ”

“ In considering an application for the return of a child, the Court may require the applicant to obtain from a court or other competent organ in the state where the child's habitual residence is, a decision that the removal or retention of the child is in breach of the rights of custody. ”

“ Since the Garuda Emblem, one of the seals of the state, has widespread been used as a symbol of the government service and the business bodies under His Majesty the King to the extent that it is now recognised by the general public, it is expedient to regulate the use of the Garuda Emblem for more orderliness. ”

“ On the day of inspection of evidence, the prosecutor and the defendant shall deliver their documentary evidence and material evidence to the Court to be inspected by each other, save where the chamber otherwise directs on account of the nature and necessity of the evidence in question. Following that, the prosecutor and the defendant shall demonstrate their means of evidence production to the chamber.
In cases any evidence does not meet an objection, the chamber may admit such evidence without examination. ”

“ In cases a Thai national becomes a victim of an offence of human trafficking committed in a foreign country and he wishes to return to the Kingdom or another place of residence, a competent officer shall hold an examination as to whether he is actually a Thai national. If the victim's Thai nationality is verified, the competent officer shall undertake the necessary measures to bring him back to the Kingdom or his place of residence without delay and shall be mindful of his safety and welfare. ”

“ As for a public prosecution, if the victim is entitled to claim compensation in as much as the commission of offence by the defendant has caused him to lose his life, or sustain bodily or mental harm, personal liberty injury, reputation impairment or proprietary damage, he may submit to the court trying the criminal case a motion for coercively directing the defendant to make compensation for such loss. ”

“ In cases the office of director of an office is vacant or its holder is not available, the director shall be replaced by the deputy director of such office. If there is more than one deputy director, the director shall be replaced by one of the deputy directors who takes precedence over the others according to official practices. If the offices of deputy directors are vacant or none of their holders is available also, the Clerk of Bangkok shall replace the director by one of the directors of divisions, chief officers of divisions or holders of the equivalent positions in that office. ”

“ If any party is not domiciled in the territorial jurisdiction of the tax court before which his case is pending, the court, with a view to smoothing the service of pleadings and other documents, may order him to, within a time limit determined by the court, designate as an address for service any person domiciled in the territorial jurisdiction of the court. ”

“ In the event that the court holds a person committing an act of domestic violence guilty of the offence under section 4, the court may, instead of sentencing him to any penalty, apply certain measures of reformation, treatment or correction to him, may direct him to pay an amount of relief money, carry out community service or refrain from the acts giving rise to domestic violence, or may place him under a peace bond, subject to the procedure and period of time determined by the court. ”

“ The revenues of the University and the penalties arising from the fulfillment of the objectives of the University need not to be forwarded to the Ministry of Finance pursuant to the law on treasury reserve and the law on budgeting procedure, except the penalties arising from the breaches of academic leave contracts and those from the breaches of the contracts of purchase or hire of work the prices of which are paid out of the public account. ”

“ A warrant of release of a defendant shall be issued when, in relation to a case pending in the court of second instance or court of last resort, the defendant has been restrained or detained for a period of time equivalent to or longer than a term of imprisonment to which he has been sentenced or which he must undergo for non-payment of fine, save where the court entertains otherwise opinion in the event that the prosecutor has lodged with the court of second instance or court of last resort an appeal for a more severe sentence. ”

“ Where there is justifiable evidence supporting that an article whose possession constitutes an offence, or which has been obtained through the commission of an offence, or which has been or is to be used for the commission of an offence, or which may bear witness for proving the guilt of any person, is being concealed or would be discovered in such private place, and there is a reasonable belief that, by cause of the delay in obtaining a warrant of search, such article is likely to be removed or destructed. ”

“ Nonetheless, if the court deems that the victim has claimed for immoderate compensation or performed any procedural act with bad faith, it shall be empowered to, by order, direct the victim to pay the whole or part of the costs within a period of time as it may fix, and had if the victim failed to abide by the order, he shall be deemed to have abandoned his civil action. ”

“ Whenever an autopsy is required, it shall be held without hesitation by an inquirer of the locality where the corpse is, together with a forensic pathologist upon whom a certificate or a Medical Council’s letter of approval has been conferred. Where no such forensic pathologist could be found or where he is unable to perform the duty, a physician affiliated with a public hospital shall act in his place. ”

“ Where a prosecution has been instituted against any offence and the offender has been brought before the court also, but the case is not yet final, the prescription governing the victim’s right to enter a penal action on basis of that offence shall be interrupted by virtue of section 95 of the Criminal Code. ”

“ In the case of offences liable to any term of imprisonment, should scientific evidence be necessary for proving any facts being a subject matter of the case, the court shall be invested with the power to order any person, object or document to be analysed by scientific means. ”

“ In considering and weighing any hearsay evidence, implicated witness, witness in respect of whom the defendant has enjoyed no occasion to cross-examine or other evidence bearing such a defect likely to affect its own reliability, the court shall exercise its due care and shall not admit such evidence merely for the purpose of punishing the defendant, save where the evidence is supported by firm reasons, by special circumstances of the case or by other supplementary evidence. ”

“ Should the accused or victim withhold his consent or perform any act to impede any person concerned from giving such consent without justifiable ground, it shall preliminarily be presumed that the fact is in line with the outcome of the analysis which, if having been held, would be noxious towards such accused or victim, as the case may be. ”

“ Where an accused is accused of, or a defendant is charged with, an offence liable to the maximum imprisonment for a term exceeding ten years, if an application for his provisional release is made during an inquiry or during the court of first instance’s trial, the court shall ask the inquirer, public prosecutor or prosecutor whether he would raise any objection. ”

“ If the offender is identified and is restrained, detained or provisionally released, or it is believed that he would appear upon being summonsed, the inquirer shall, pursuant to the outcome of the inquiry, submit an opinion as to whether an order of prosecution or non-prosecution should be made, together with the file, to the public prosecutor.
Deeming an order of non-prosecution should be made, the inquirer shall render to the public prosecution the file and such opinion only. ”

“ Where the public prosecutor and the victim are joint prosecutors, if the public prosecutor is of an opinion that the case would be jeopardised on account of the victim’s performance of or omission to perform any procedural act, he shall have the power to apply to the court for an order instructing the victim to perform or not to perform such act. ”